The Nelson Mandela Foundation will ask the Equality Court in Johannesburg to declare that gratuitous displays of this old flag constitute hate speech and discrimination based on race, thus being prohibited by the Equality Act.
A dispute arose between the foundation and lobby group AfriForum concerning displays of the flag, which was abolished on April 27, 1994.
AfriForum countered that even gratuitous displays of the old flag were protected by the right to freedom of expression. AfriForum discouraged its members from displaying the flag as it was “unwise”, and as such acts offended some people, but it felt it should not be unlawful as it was part of history.
The foundation said it appreciated the importance of history and memory, especially in a country still healing, and the right to expression, but the flag belonged in museums and should not be on public display.